Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 34287

Original amendment submission

date

Date of final publication Citation/description

* * * * * * *

December 1, 1997 June 24, 1998 .... VA Code Sections 701.5; 779.22 [deletion], .25(k) [deletion]; 780.23, .25(a), (a)(2)(a)(3), (b), (c)(3), (f),

35(b); 783.25(k) [deletion]; 784.15, .16(a), (a)(2), (a)(3), (b), (c)(3), (f), .23(c); 800.40(a)(3);

816.46(a)(2), (b)(3), (b)(5), (c)(2), .49(a)(1), (a)(4)(i) & (ii), (5), (6), (9), (11), (c)(2), .74(a) through (g),

.81(a), (c)(3) [deletion], .89(d) [deletion], .104, .105; 817.46(a)(2), (b)(3), (b)(5), (c)(2) .49(a)(1),

(a)(4)(i) & (ii), (5), (6), (9), (11), (c)(2), .74(a) through (g), .81(a), (c)(3) [deletion], .89(d) [deletion];

840.11(f)(2) & (g)(4), (h); 843.14(a)(2); 845.17(b) through (b)(2)(ii), .18(a), (b) through (b)(3)(ii), (d)(1)

& (2), .19(a) and 846.17(b)(3) [deletion] and (c).

[FR Doc. 98–16812 Filed 6–23–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–058]

RIN 2115–AA97

Safety Zone: Burlington Independence

Day Fireworks, Burlington Bay, VT

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Burlington Independence Day

fireworks program located on

Burlington Bay, Lake Champlain,

Vermont. The safety zone is in effect

from 9 p.m. until 10:30 p.m. on Friday,

July 3, 1998, with a rain date of

Saturday, July 11, 1998, at the same

time and place. This action is necessary

to provide for the safety of life on

navigable waters during the event. This

action is intended to restrict vessel

traffic in a portion of Burlington Bay on

Lake Champlain, Vermont.

DATES: This rule is effective from 9 p.m.

until 10:30 p.m. on Friday, July 3, 1998,

with a rain date of Saturday, July 11,

1998, at the same time and place.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at Coast Guard

Activities New York, 212 Coast Guard

Drive, room 205, Staten Island, New

York 10305, between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) A. Kenneally,

Waterways Oversight Branch, Coast

Guard Activities New York, at (718)

354–4195.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing an NPRM

and for making this regulation effective

less than 30 days after Federal Register

publication. Due to the date this

updated application was received, there

was insufficient time to draft and

publish an NPRM. Any delay

encountered in this regulation’s

effective date would be contrary to

public interest since immediate action is

needed to close a portion of the

waterway and protect the maritime

public from the hazards associated with

this fireworks display.

Background and Purpose

On May 18, 1998, the City of

Burlington, VT submitted an

Application for Approval of Marine

Event to hold a fireworks program on

the waters of Burlington Bay on Lake

Champlain, Vermont. The sponsor

notified the Coast Guard they are using

larger fireworks shells than the annual

regulation in 33 CFR 165.166 was

written for. This regulation increases the

radius of the safety zone from 250 yards

to 360 yards. This regulation establishes

a safety zone in all waters of Burlington

Bay within a 360 yard radius of the

fireworks barge located in approximate

position 44°28′30.5′′ N 073°13′32′′ W

(NAD 1983), beside the Burlington Bay

breakwater. The safety zone is in effect

from 9 p.m until 10:30 p.m. Friday, July

3, 1998, with a rain date of Saturday,

July 11, 1998, at the same time and

place. The safety zone prevents vessels

from transitting this portion of

Burlington Bay, Lake Champlain,

Vermont and is needed to protect

boaters from the hazards associated with

fireworks launched from a barge in the

area. Public notification will be made

prior to the event via the Local Notice

to Mariners.

Regulations for a permanent

Regulated Navigation Area have been

published for this event in 33 CFR

165.166. If the annual regulation is

enforced for this event the safety zone

area will not be large enough to provide

for the safety of life on navigable waters

due to the larger fireworks shells being

used. This final rule will close a portion

of Burlington Bay for one hour less than

the current regulations in 33 CFR

165.166.

Regulatory Evaluation

This final rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. It has not been reviewed by the

Office of Management and Budget under

that Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This finding is

based on the following: this is an annual

marine event currently published in 33

CFR 165.166, the event’s date is the

same, and the location is only 75 yards

from the location in 33 CFR 165.166,

this final rule will close a portion of

Burlington Bay for less time than the

current regulation will, the limited

marine traffic in the area, the minimal

time that vessels will be restricted from

the zone, and advance notification

which will be made.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operate and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

For reasons discussed in the

Regulatory Evaluation above, the Coast

Guard certifies under section 605(b) of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) that this final rule will not

have a significant economic impact on

a substantial number of small entities.
34288 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

Collection of Information

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612 and has determined that this final

rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

Environment

The Coast Guard has considered the

environmental impact of this final rule

and concluded that under Figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this final rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. Add temporary § 165.T01–058 to

read as follows:

§ 165.T01–058 Safety Zone: Burlington

Independence Day Fireworks, Burlington

Bay, Vermont.

(a) Location. The following area is a

safety zone: all waters of Burlington

Bay, Lake Champlain, Vermont, within

a 360 yard radius of the fireworks barge

in approximate position 44°28′30.5′′ N

073°13′32′′ W (NAD 1983), beside the

Burlington Bay breakwater.

(b) Effective period. This section is

effective from 9 p.m. until 10:30 p.m. on

Friday, July 3, 1998, with a rain date of

Saturday, July 11, 1998, at the same

time and place.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: June 5, 1998.

L.M. Brooks,

Captain, U.S. Coast Guard, Acting Captain

of the Port, New York.

[FR Doc. 98–16782 Filed 6–23–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay; 98–010]

RIN 2115–AA98

Safety Zone; San Francisco Bay, San

Francisco, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone

encompassing a portion of the navigable

waters of the Oakland Estuary, CA,

surrounding the barge used as a

platform to launch fireworks for Jack

London Square’s 4th of July Fireworks

Celebration, from 8 p.m. to 11:30 p.m.,

PDT. The launch barge will be located

approximately 1000 feet south of Jack

London Square in the Oakland Estuary.

This temporary safety zone is

necessary to provide for the safety of

participating technicians, waterborne

and shore-side spectators, vessels, and

other property during the fireworks

display. Persons and vessels are

prohibited from entering into, transiting

through, or anchoring within this safety

zone unless authorized by the Captain

of the Port, or a designated

representative thereof. Commercial

vessels may request authorization to

transit this safety zone by contacting

Vessel Traffic Service on Channel 14

VHF–FM.

DATES: This safety zone will be in effect

on July 4, 1998 from 8 p.m. to 11:30

p.m., PDT. If the event concludes prior

to the scheduled termination time, the

Captain of the Port will cease

enforcement of this safety zone and will

announce that fact via Broadcast Notice

To Mariners.

ADDRESSES: U.S. Coast Guard, Marine

Safety Office, San Francisco Bay,

Building 14, Coast Guard Island,

Alameda, CA 94501–5100.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Lesley F. DionBow, U.S. Coast Guard, Marine Safety

Office, San Francisco Bay; (510) 437–

3073.

SUPPLEMENTARY INFORMATION:

Regulatory Information

In accordance with 5 U.S.C. 553, a

Notice of Proposed Rule (NPRM) was

not published for this temporary

regulation and good cause exists for

making it effective prior to, or less than

30 days after, Federal Register

publication. Publication of an NPRM

and delay of its effective date would be

contrary to the public interest since the

precise location of the event

necessitating the promulgation of this

safety zone, and other logistical details

surrounding the event, were not

finalized until a date fewer than 30 days

prior to the event date. Therefore, the

event would be finished before the

rulemaking process was complete if an

NPRM was published, jeopardizing the

safety of the lives and property of event

participants and spectators.

Discussion of Regulation

The Port of Oakland/Oakland Portside

Associates are sponsoring the 4th of July

Fireworks Celebration at Jack London

Square on the evening of July 4, 1998.

These fireworks will be launched from

a barge located approximately 1,000 feet

south of Jack London Square in the

Oakland Estuary.

The safety zone will be bounded by a

350 yard radius surrounding the launch

barge, the center of which will be

approximately located at the following

position: 37°–47.6′ N, 122°–16.4′ W.

This safety zone is necessary to protect

the participating technicians, the

spectators, and vessels and other

property from the hazards associated

with the fireworks display. Entry into,

transit through, or anchoring within this

zone by all vessels prohibited, unless

authorized by the Captain of the Port, or

a designated representative thereof.

Commercial vessels may request

authorization to transit the regulated

area by contacting the Vessel Traffic

Service on Channel 14 VHF–FM. For

purposes of this temporary regulation,

‘‘commercial vessels’’ are defined as all

vessels other than those used and

registered/documented exclusively for

recreational purposes.

Regulatory Evaluation

This temporary regulation is not a

significant regulatory action under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that order. It has been

exempted from review by the Office of

Management and Budget under that

order. It is not significant under the